Re: Title IX extended to associations

John Lindner (
Thu, 26 Mar 1998 16:05:59 -0800

At 8:29 PM -0800 3/24/98, Linda Purrington wrote:
>Does anyone know if the ruling on the Boy Scouts allowing exclusion of
>gays and atheists, etc., was on a brief containing the argument that the
>Boy Scouts could not discriminate against anyone protected by federal
>educational equity laws because the Boy Scouts use school faciliteis for
>meeetings in so many areas?

I haven't read the briefs filed in these cases, but I did read Monday's

It was focused on California state law (the Unruh Civil Rights Act), not on
any federal points. Since they ruled the Unruh Act didn't apply to the
Scouts (not being a "business establishment") there was no need to consider
any arguments made related to the First and Fourteenth Amendments. Title IX
considerations (if made in the briefs) weren't addressed in the decisions.

As far as use of school facilities go, Scout meetings can't be barred after
regular school hours if other groups are allowed use of these facilites,
too. It's the other side of equal access.

Several California districts have opted not to offer some Scouting programs
designed for in-school implementation (i.e. during school instructional
times) because the Scouts do discriminate and this would violate their own
nondiscrimination policies.

Take care,


John Lindner <>

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